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University of Minnesota Law School

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Articles 4801 - 4830 of 7370

Full-Text Articles in Law

Lawnet: The Case Of The Missing (Tenth) Amendment, Philip P. Frickey Jan 1991

Lawnet: The Case Of The Missing (Tenth) Amendment, Philip P. Frickey

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb Jan 1991

A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard S. Frase Jan 1991

Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard S. Frase

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Future Of Legal Education, Robert A. Stein Jan 1991

The Future Of Legal Education, Robert A. Stein

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Evidence Scholarship, Old And New, Roger C. Park Jan 1991

Evidence Scholarship, Old And New, Roger C. Park

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Transformation Of The Juvenile Court, Barry C. Feld Jan 1991

The Transformation Of The Juvenile Court, Barry C. Feld

Articles

Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.


The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford Jan 1991

The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford

Articles

In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.


Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford Jan 1991

Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford

Articles

Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …


Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson Jan 1991

Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson

Articles

In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …


Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt Jan 1991

Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt

Articles

The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …


Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase Jan 1991

Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford Jan 1991

Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford

Articles

No abstract provided.


Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort Jan 1991

Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort

Articles

These are the alleged decline in live-client clinical education, the educational objectives of clinical education, the financing of clinics, the appropriate status for clinical faculty, and the relationships between clinical and nonclinical faculty. The report revealed that student demand for clinical instruction has not declined. It also identified eight pedagogical goals and a public-service goal for live-client clinical education. In addition, it recommended a strong effort to obtain increased financial support through Federal grants. Furthermore, it noted that the status of clinical faculty has improved considerably at many law schools, but the issue of faculty status will continue to be …


Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase Jan 1991

Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Liability For Sexual Abuse: The Anomalous Immunity Of Churches, Jill Fedje Nov 1990

Liability For Sexual Abuse: The Anomalous Immunity Of Churches, Jill Fedje

Minnesota Journal of Law & Inequality

No abstract provided.


If I Had A Hammer...I'D Still Need Some Nails: A Fictitious Reconstruction Of Hudson V. Palmer, Thomas Ford Ascher Nov 1990

If I Had A Hammer...I'D Still Need Some Nails: A Fictitious Reconstruction Of Hudson V. Palmer, Thomas Ford Ascher

Minnesota Journal of Law & Inequality

No abstract provided.


What's Wrong With Rights?, Amy Bartholomew, Alan Hunt Nov 1990

What's Wrong With Rights?, Amy Bartholomew, Alan Hunt

Minnesota Journal of Law & Inequality

No abstract provided.


Career Paths Of Minnesota Law School Graduates: Does Gender Make A Difference, Paul W. Mattessich, Cheryl W. Heilman Nov 1990

Career Paths Of Minnesota Law School Graduates: Does Gender Make A Difference, Paul W. Mattessich, Cheryl W. Heilman

Minnesota Journal of Law & Inequality

No abstract provided.


Bless The Tie That Binds: A Puritan-Covenant Case For Same-Sex Marriage, Dwight J. Penas Jul 1990

Bless The Tie That Binds: A Puritan-Covenant Case For Same-Sex Marriage, Dwight J. Penas

Minnesota Journal of Law & Inequality

No abstract provided.


State Intervention Into The Lives Of Single Mothers And Their Children: Toward A Resolution Of Maternal Autonomy And Children's Needs, Christa Anders Jul 1990

State Intervention Into The Lives Of Single Mothers And Their Children: Toward A Resolution Of Maternal Autonomy And Children's Needs, Christa Anders

Minnesota Journal of Law & Inequality

No abstract provided.


Equal Access To Air Transporation - The Only Way To Fly, David B.B. Helfrey, Russell W. Piraino Jul 1990

Equal Access To Air Transporation - The Only Way To Fly, David B.B. Helfrey, Russell W. Piraino

Minnesota Journal of Law & Inequality

No abstract provided.


Minnesota's Crack Baby Law: Weapon Of War Or Link In A Chain, Judith M. Nyhus Johnson Jul 1990

Minnesota's Crack Baby Law: Weapon Of War Or Link In A Chain, Judith M. Nyhus Johnson

Minnesota Journal of Law & Inequality

No abstract provided.


Lesbian Jurisprudence, Ruthann Robson Jul 1990

Lesbian Jurisprudence, Ruthann Robson

Minnesota Journal of Law & Inequality

No abstract provided.


Marital Conflict Mediation And Post-Separation Wife Abuse, Desmond Ellis Mar 1990

Marital Conflict Mediation And Post-Separation Wife Abuse, Desmond Ellis

Minnesota Journal of Law & Inequality

No abstract provided.


Employee Benefits And The Employment-At-Will Rule, Diane M. Cornell Mar 1990

Employee Benefits And The Employment-At-Will Rule, Diane M. Cornell

Minnesota Journal of Law & Inequality

No abstract provided.


Employment Discrimination Cases In The 1989 Term: The Limited Impact Upon Civil Rights Litigation, Paul Sprenger Mar 1990

Employment Discrimination Cases In The 1989 Term: The Limited Impact Upon Civil Rights Litigation, Paul Sprenger

Minnesota Journal of Law & Inequality

Symposium: Employment Law Discrimination


U.S. Supreme Courts 1989 Civil Rights And Employment Cases: A Defense Perspective, Laurie Zenner Mar 1990

U.S. Supreme Courts 1989 Civil Rights And Employment Cases: A Defense Perspective, Laurie Zenner

Minnesota Journal of Law & Inequality

Symposium: Employment Law Discrimination


Recovering Expert-Witness Fees In Civil Rights Litigation: Fitting Crawford Fitting Into The Picture, Phyllis Shapiro, Dana Underwood Mar 1990

Recovering Expert-Witness Fees In Civil Rights Litigation: Fitting Crawford Fitting Into The Picture, Phyllis Shapiro, Dana Underwood

Minnesota Journal of Law & Inequality

No abstract provided.


The Trial Judge After Wards Cove: Shifting Burdens, Shifting Rules, David Doty Mar 1990

The Trial Judge After Wards Cove: Shifting Burdens, Shifting Rules, David Doty

Minnesota Journal of Law & Inequality

Symposium: Employment Law Discrimination


Book Review: Human Rights In The World Community: Issues And Action, Barbara A. Frey Mar 1990

Book Review: Human Rights In The World Community: Issues And Action, Barbara A. Frey

Minnesota Journal of Law & Inequality

No abstract provided.